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Memo 13767MemorandumTrump 45 · R Quiet signal

Presidential Memorandum 13767

Ending "Catch and Release" at the Border of the United States and Directing Other Enhancements to Immigration Enforcement

This memorandum directs multiple cabinet secretaries to report on efforts to end 'catch and release' immigration practices at the border. It requires reports on detention capacity, asylum processing, sanctions against non-cooperative countries, and additional resources needed to expedite immigration enforcement.

Federal Register Open PDF 83 FR 16179

Impact dates

  1. AG/DHS report on additional resources/authorities needed

  2. State/DHS report on diplomatic measures for repatriation and sanctions

  3. DHS/DOD/DOJ/HHS report on measures to end catch and release

Key directives

  • DHS Secretary to coordinate with DOD, DOJ, HHS on report ending catch and release practices within 45 days
  • Report must address detention facility construction/operation, asylum officer assignment, detention of apprehended aliens, parole and asylum provisions, credible/reasonable fear determinations, fines/penalties collection, available facilities including military, and fear claims data since FY2009
  • AG and DHS Secretary to report on additional resources/authorities needed within 75 days
  • Secretary of State and DHS Secretary to report on diplomatic measures against non-cooperative countries within 60 days
  • Report must include sanctions implementation under INA 243(d) or explanation for non-implementation

Who is ordered

Timeline

Immediate

  • DHS, DOD, DOJ, HHS must begin coordinating on 45-day report

Near term (90d)

  • 45-day report on catch and release measures due
  • 60-day report on diplomatic measures for repatriation due
  • 75-day report on additional resources/authorities needed

Long term

  • Potential expansion of detention facilities
  • Possible sanctions against non-cooperative countries

Risks & tensions

  • Subject to availability of appropriations may limit implementation
  • Military facility use for civilian detention raises legal and operational questions
  • Sanctions against non-cooperative countries could strain diplomatic relations
  • Backlog of immigration cases noted as 'alarmingly large' suggests systemic capacity constraints
Presidential Memorandum 13767: Ending "Catch and Release" at the Border of the United States and Directing Other Enhancements to Immigration Enforcement · Executive Orders